HC upholds Kasab's death penalty

Mumbai, Feb 21 (PTI) The Bombay High Court in the west
Indian state of Maharashtra Monday confirmed the death penalty
awarded to Mumbai 26/11 terror attack accused Ajmal Kasab,
terming the case as rarest of rare and holding there was "no
scope of reform" of the convict.
"There is no scope of reform or rehabilitation of the
convicted accused. It is a rarest of rare case and the court
cannot be more confident than it is today that death penalty
must be given," a division bench of Justices Ranjana Desai and
R V More observed, upholding the death sentence to 24-year-old
Kasab.
"Aapko saza-e-maut yeh adalat barkarar karti hai. Aap
Supreme Court mein appeal zari kar sakte hain (Your death
sentence is upheld. You can appeal before the Supreme Court,"
Justice Desai told a bearded Kasab, clad in a spotless white
kurta and sporting a grin, through video conferencing.
The court upheld Kasab's conviction on all charges
including multiple murders, conspiracy and waging war against
the nation.
The confirmation comes nine months after the lone
26/11 terrorist captured alive was ordered to be sent to the
gallows by the trial court on May 6, last year.
The court, however, dismissed the Maharashtra
government's petition against the acquittal of two Indians
Faheem Ansari and Sabauddin Ahmed, accused of aiding the
commission of the crime.
"We are with the trial court's observation that there
is no corroboration of evidence to prove involvement of Faheem
Ansari and Sabauddin Ahmed in the case," the judgement said.
"Kasab has never shown any remorse after his arrest
and we have observed that even on video conference he has not
shown any signs of regret," Justice Desai said reading out
the judgement for the bench.
"Harsh penalty of death is required in some cases,
especially this one, and the court would be sending a wrong
signal to society if any penalty less than death is given,"
the court said.
Recalling the sacrifices made by the men in uniform
during the attacks, the court said, "Several brave policemen
were killed in the attacks and we would be failing in our duty
if we did not acknowledge their sacrifice."
Kasab, an LeT operative, has been confined to jail
since his arrest on November 26, 2008, when he was caught
alive at Girgaum Chowpatty in south Mumbai.
Nine others, who had come with Kasab, from Karachi by
sea, were gunned down by security forces at terror sites --
Hotels Taj Mahal and Oberoi-Trident and Jewish outreach centre
Nariman House in South Mumbai, but not before leaving 166 dead
and many more injured.
During arguments in the High Court, Kasab pleaded that
his trial was "unfair" and demanded a fresh trial contending
that material evidence was suppressed and norms were not
followed to defend him. However, his plea was rejected.
Government Counsel Ujjwal Nikam placed photographs and
CCTV footages showing Kasab in terror acts. However, Kasab
argued that they had been morphed and his face was not clear.
The prosecution also relied on Kasab's confession
before a Magistrate accepting his role in 26/11 attack and his
guilt plea before trial court admitting the crime.